In economic offences, the accused is not entitled to anticipatory bail, and custodial interrogation may be necessary.

ORDER :

1. By way of this petition, the petitioner seeks anticipatory bail in connection with the First Information Report being I- C.R. 11210015230232/2023 registered with D.C.B. Police Station, Surat City for the offences punishable u/s 409, 420, 34 and 120B of the IPC.

2. Brief facts of the case are as under:-

2.1 The complainant Mr. Jitendra Natvarbhai Patel is an employee of Mr. Balkrishna Agrawal, a Chartered Accountant by profession. It is averred that the complainant is doing miscellaneous work in the office of Mr. Agrawal.

2.2 The complainant intended to buy an office in Dubai and therefore, contacted one Mr. Abdullah Sabbir Hussain Kureshi (accused no. 1) - a resident of Dubai, U.A.E., through Mr. Sanjaybhai Rai - friend of Mr. Agrawal. It is alleged that Mr. Abdullah is a property broker in Dubai, who assured Mr. Agrawal to find a good and suitable office for him. It is further alleged that Mr. Agrawal enquired about the price of the office, to which Mr. Abdullah said that there is one office, which has come for sale in his hands, and the sale consideration amount would be around 12.00 Lakhs Dirhams equivalent to about INR 3.00 Crores. It is further alleged that Mr. Abdullah informed Mr. Agrawal that he (Mr. Agrawal) should hand over Rs. 3.00 Crores in cash to his brother Mr. Aadil Sabbir Hussain Kureshi (accused no. 2) at Surat, and that he shall arrange the amount sent to Dubai through "Hawala", which will be then delivered to the owner of the office in order to complete the transaction. Mr. Abdullah said that he will charge 2% of the sale consideration as his brokerage.

2.3 That in the month of May, 2023, Mr. Agrawal went to Dubai for his business purpose and personally met Mr. Abdullah, who showed the office to Mr. Agrawal. Since Mr. Agrawal liked the office, he informed Mr. Abdullah to talk to the owner of the office, and get the transaction completed. At that time also, Mr. Abdullah (A-1) informed Mr. Agrawal that he should handover Rs. 3.00 Crores in cash to his brother Mr. Aadil (A-2) in Surat, and rest will be taken care of.

2.4 That on 18.06.2023, Mr. Agrawal again visited Dubai for the purpose of purchase of the office and personally met Mr. Abdullah, where-after, he called the complainant and informed that he has confirmed the transaction of purchase of office with Mr. Abdullah and the complainant should hand over Rs.3.00 Crores - arranged by Mr. Agrawal to Mr. Aadil, and therefore, the complainant talked to Mr. Aadil a couple of times for the payment. It is then alleged that on 23.06.2023, Mr. Aadil had come to the office of the complainant together with his friend Mr. Sahilkhan Mehmoodkhan Pathan (accused no. 3) and in the presence of the complainant and Mr. Deepak Agrawal brother of Mr. Balkrishna Agrawal - received Rs.3.00 Crores in cash from the complainant and Mr. Deepak Agrawal.

2.5 That after the said payment, Mr. Agrawal stayed back in Dubai for about 08 days, but, Mr. Abdullah did not get the sale of office completed and did not give the possession thereof. Therefore, Mr. Agrawal returned to Surat. Thereafter, on 03.07.2023, Mr. Agrawal talked with Mr. Abdullah when Mr. Abdullah assured to return the amount of Rs.3.00 Crores to Mr. Agrawal. However thereafter, when Mr. Agrawal tried to call Mr. Abdullah, Mr. Aadil and Mr. Sahil Pathan on their mobile numbers, they were found to be switched off. It is alleged that upon doing personal inquiry, it was found by the complainant that Mr. Abdullah had called his brother Mr. Aadil and their father Mr. Sabbir Hussain to Dubai. Therefore, the complainant had filed a complaint/application with the Surat Police against the said accused persons [somewhere in the month of Aug/Sept., 2023]. At that time, Mr. Abdullah contacted Mr. Agrawal through his known persons in Surat, and informed to return the said amount of Rs.3.00 Crores and to arrive at compromise, and accordingly Mr. Abdullah repaid Rs.25,00,000/- to Mr. Agrawal and assured to make the balance payme